New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-12-21
MESSAGE AND INTERYiEW.

To the Eittor of Ihs Tribnhe.
SIR: It has occurred to ns that the Presidents
saga together with Mr. Blaacs MASTERY st1teSnanike
reply. perhaps with the addition OF some o! tie cs's
meats eli leading then would 10 very valuable
docTmen. aul IN tho idea may have presented ts>h
ayOrablY IT, already enc)se IS 70 help - carry
ol,. II you do not, please keep The money; there VIII
he great need OF all get next sumner 10 prs
ssI circulate campaign documents asi you can u'e 1t
then - .@sd adrGaiass sa!Y visa canrt gus es ne
IN "inter r.. The farmers can red hen nl Ka'W M
~ sthhHr tlry cna't, Dect".' laey mus ne - .io
lie ram daylight III DARK sni Ten II IS 20 .eu anu e''
what rs,t tue short Nights allsY Yours iruy.
Friendship L.. Dec. l6. 1887 l.. DENRpcHE
frmE tribune will sue before long document
OF the character suggested by our correspondent
and 10y other readers who nave written us to the
same elcct.-Ed
THE CONSTITUTION, THE CODE AND THE COURT
To ire Edttor Of me tribune
SIR: 4" Country Lawyer " has to lay contributed TO
your most excellent paper amusing little crGue of
r.. IL. n" able review of the position taken 10y the
Court of Appeals in regard TO the sdm' sibiity of
Snarps evidences before the senate COupnittee. II Is
indeel amcntable that question which seems 50
simple and clear should have beenso distorted and msap
pretended The Revised Statutes 10Th Ed Vol g. p 9jSJ
distinctly limited the exemption OF the witness with
reference tho OF his testimony in bribery cases to
snch as was given by him against another offending
before any magistrate grand fury or IN any COURT fol-
lowing thus the of criminal procedure ana so
indicating evident Intention 10 include Ohly criminal
prosecutions The Constitutional Amendment Of 1874
declares that every successful hriber OF pubic officer
shall he punishable for felony, except rs herein pro-
ved - but II he shall testify 80 the giving or Offering
of such brbe upon prosecution of the officer Tor
receiving such brbe ne shaa not be liable to civil or
criminal prosecution therefor" 1t was. rnqucstioLaby
by anncxng constitutional provision to the above
clause OF the Revised Statutes that section ~ OF the
Penal Colo was compiled Each entirely consistent
VITA the other. both treating only OF criminal pr0secu
tious against " somebody.
The Court of Appeals, by SO tortnrng tins section OF
the Penal Cote to include Investigations ny lesls-
lativc committees appointed for legislative purposes
Ony and not acting AGAINST anybOiy, have not OHIy
violated al kEOwD laws OF construction both legal ana
grammatical, bHt have now deliberately caused tle
lt;tcr part the section II becOme uncOnsutOnu by
rrason OF including greater exemption than tie
Constitution permitted Excepting upon Impeachment
prnrceiinrs legislative committee can ia 10 possible
cyllly AMI such the applied Is there
fore arraut the Court OF Appeals and It's
rustic champion to the contrary Notwithstanding. As
The con'ntt-e in THIS instance was Tor legislative
purposes the Court NJ Appeals has itself decided mat
Sharp could have been compelled 10 appear before IT,
That fact however dill not preclude him In respect TO
his constitutional Tigst tonclnR self elimination Sucn
privilege having been raised by hlu his testimony
entirely voluntary. and the proceeding. hccc.sary,
not having iu in the nature OF criminal
prosecution OF anybody his evidence was available
affcr,yarl against himself LEN
YOt's, Dec. II, 1851